O-1A Visa
O-1A Visa allows individuals with extraordinary abilities to come to the United States in a number of fields including business, sciences, education, and athletics.
The O-1A Visa is for those who have risen to the top of their profession, the term used by the USCIS is “Extraordinary Ability”. To prove O-1A Extraordinary Ability, you must demonstrate that you can fulfill at least 3 out of 8 criteria below:
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Nationally or internationally recognized prize or award, venture capital funding or grants.
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Membership in associations that require outstanding achievement (guilds, etc.)
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Published materials about you and your work (includes mass media)
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Demonstrate that you judged work of others in the same profession (such as a member of a jury)
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An original contribution to your field (invention, discovery, original methods, patent, etc.)
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Articles published by you
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You were employed in essential or critical capacity (President, VP, etc.)
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Received high salary or other high compensation
Generally, O-1A is filed through a sponsoring employer. However, in September 2016 U.S. Department of Foreign Affairs Manual was amended to allow a company owned by an alien to petition for that alien. Therefore, the Department of Foreign Affairs allows aliens to petition for themselves through their own company in the United States.
O-1A Visa may be granted for 3 years, with 1-year extensions, depending on the length of a project or other needs. Spouses and unmarried children under 21 years old can join the visa recipient.
O-1A can lead to a Green Card through a process known as PERM Labor Certification or through a National Interest Waiver.
To find out more about O-1A, please contact Chicago Law Group.